What does the Employee have to show to prove pregnancy discrimination?
An employee claiming disparate treatment under Title VII must first establish a prima facie case of unlawful discrimination. In order to make out a case of pregnancy discrimination, an employee must initially show that: 1. the employee or his spouse was pregnant; 2. the employee was qualified for her job; 3. the employee was subjected to an adverse employment decision; and 4. there is a relationship between the pregnancy and the adverse employment decision. If the employee establishes all four factors set out above, the employer must articulate a legitimate, non-discriminatory reason for its actions in order to escape liability for damages. If the employer can show a sufficient non-discriminatory reason, there is no longer a presumption of intentional discrimination. Therefore, the employee must then prove that the defendant intentionally discriminated against her. In order to show intentional discrimination, the employee must show, at least, that the legitimate reasons offered by the
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